[House Report 109-439]
[From the U.S. Government Publishing Office]
109th Congress Rept. 109-439
HOUSE OF REPRESENTATIVES
2d Session Part 2
======================================================================
LOBBYING ACCOUNTABILITY AND TRANSPARENCY ACT OF 2006
_______
April 25, 2006.--Ordered to be printed
_______
Mr. Ehlers, from the Committee on House Administration, submitted the
following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 4975]
[Including cost estimate of the Congressional Budget Office]
The Committee on House Administration, to whom was referred
the bill (H.R. 4975) to provide greater transparency with
respect to lobbying activities, and for other purposes, having
considered the same, report favorably thereon without amendment
and recommend that the bill do pass.
Purpose of the Legislation
H.R. 4975, the Lobbying Accountability and Transparency Act
of 2006, seeks to illuminate the dealings of Members of
Congress and their staffs with members of the lobbying
community. It provides greater transparency with respect to
lobbying activities and thereby makes both lobbyists and
Members of Congress more accountable for their actions. H.R.
4975 makes clear what is ethically acceptable for Members of
the House of Representatives and their staff. It also makes 527
organizations more accountable and transparent, and prohibits
them from continuing to accept unlimited soft money donations.
The Committee on House Administration had jurisdiction over
several sections of H.R. 4975. These sections were: Section 301
in Title III; Title IV; Section 502 in Title V; Title VI and
Title VII.
Section 301 of Title III prohibits the acceptance of any
privately financed travel by Members, employees and officers of
the House for the duration of the 109th Congress. This
moratorium is necessary to allow for study and reassessment of
the adequacy of existing rules covering travel of this sort. It
will stop all travel until rules can be put in place that will
give Members and the public confidence that any travel
undertaken by House personnel is legitimate and in the public
interest.
Title IV of H.R. 4975 requires the Inspector General of the
House to audit lobbyist disclosure information and to refer
potential violations of the Lobbying Disclosure Act (LDA) to
the Department of Justice. It also provides for ongoing reviews
and annual reports by the Inspector General on activities
carried out by the Clerk of the House under the LDA.
Section 502 of Title V requires House employees to attend
ethics training once every Congress, while new employees must
receive ethics training within 30 days of being hired.
Requiring Members to attend such training before allowing them
to serve could be construed as unconstitutionally adding an
additional qualification for service. Members are, therefore,
strongly encouraged, but not required, to attend similar
training.
Title VI will extend the fundraising restrictions of the
Bi-Partisan Campaign Reform Act of 2002 to organizations
registered under Section 527 of the IRS code. This language
seeks to reduce the influence wealthy donors and their large
contributions have over our political process. On April 5,
2006, the House adopted the language of Title VI when it passed
H.R. 513, the 527 Reform Act of 2006, by a vote of 218-209.
Further information on the activities of 527 groups and the
need for reform can be found in the following reports that were
previously filed by this Committee; 109-181 (H.R. 513, 527
Reform Act of 2005) and 109-146 (H.R. 1316, 527 Fairness Act of
2005).
Title VII of H.R. 4975 provides for loss of pension
benefits when Members are convicted of certain crimes. Under
this Title, time served as a Member could not be credited for
pension benefits if they are convicted of bribery, acting as an
agent of a foreign principal, or conspiracy to commit one of
the previous offenses. The illegal conduct must be related to
their official duties as a Member, and all the elements of the
crime must have occurred while the Member was in Congress. The
Office of Personnel Management is given authority to allow an
innocent spouse and dependent children to continue to receive
benefits in certain circumstances.
Summary of the Legislation
The Committee on House Administration had jurisdiction over
the following sections of H.R. 4975: Section 301 in Title III;
Title IV; Section 502 in Title V; Title VI and Title VII.
TITLE III--SUSPENSION OF PRIVATELY-FUNDED TRAVEL; CURBING LOBBYIST
GIFTS
Sec. 301.--No privately-funded travel
Imposes a moratorium on privately funded travel.
Does not allow Members, employees or officers of the House to
accept travel from a private source.
TITLE IV--OVERSIGHT OF LOBBYING AND ENFORCEMENT
Sec. 401.--Audits of lobbying reports by House Inspector General
Requires the Inspector General of the House to
audit Lobbying Disclosure Act (LDA) disclosure information, and
to refer potential violations of the Act to the Department of
Justice.
Sec. 402.--House Inspector General review and annual reports
The measure provides for ongoing reviews and
annual reports by the inspector general on activities carried
out by the Clerk of the House under LDA.
TITLE V--INSTITUTIONAL REFORMS
Sec. 502.--Frequent and comprehensive ethics training
Requires House Committee on Standards of Official
Conduct to provide ethics training once per Congress for every
Member and employee.
New employees shall receive training not later
than 30 days after employment.
Does not make ethics training mandatory for
Members.
TITLE VI--REFORM OF SECTION 527 ORGANIZATIONS
Sec. 601.--Short Title
The ``527 Reform Act of 2005''.
Sec. 602.--Treatment of Section 527 Organizations
Requires an organization described in Section 527
of the Internal Revenue Code of 1986 (``IRC'') to register and
report with the Federal Election Commission (``FEC'') as a
political committee, unless the organization:
Has annual gross receipts of less than
$25,000;
Is a political committee of a state and/or
local party or candidate;
Exists solely to pay certain administrative
expenses of a qualified newsletter;
Is composed exclusively of state and/or local
elected officials and does not reference federal
candidates in its voter drive activities; or
Is exclusively devoted to elections where no
federal candidate is on the ballot, to ballot
initiatives and referenda, or to the appointment,
nomination, or confirmation of individuals to non-
elected offices.
The exceptions (listed above) will not apply if
such organization:
Transmits a public communication that
promotes, supports, attacks, or opposes a federal
candidate in the year prior to a federal election;
Conducts voter drive activities in more than
one state;
Refers to a federal candidate in its voter
drive activities;
Is controlled by a federal candidate or a
national political party; or
Makes contributions to federal candidates.
Makes the amendments made by this section
effective 60 days after their enactment.
Sec. 603.--Rules for Allocation of Expenses Between Federal and Non-
Federal Activities
Establishes the following allocation rules:
100 percent of expenses for public
communications or voter drive activities that refer to
a federal candidate but do not refer to a non-federal
candidate must be paid for with hard money;
At least 50 percent, or a greater percentage
if the FEC so determines by regulation, of expenses for
public communications or voter drive activities that
refer to a federal candidate and to a state candidate
must be paid for with hard money;
At least 50 percent, or a greater percentage
if the FEC so determines by regulation, of expenses for
public communications or voter drive activities that
refer to a political party but not to a federal
candidate must be paid for with hard money;
At least 50 percent, or a greater percentage
if the FEC so determines by regulation, of expenses for
public communications or voter drive activities that
refer to a political party and to a non-federal
candidate but not to a federal candidate must be paid
for with hard money;
At least 50 percent, or a greater percentage
if the FEC so determines by regulation, of
administrative overhead expenses must be paid for with
hard money; and
At least 50 percent, or a greater percentage
if the FEC so determines by regulation, of direct costs
of fundraising program that collects both federal and
non-federal funds must be paid for with hard money.
Permits ``qualified'' non-federal accounts to
allocate spending with federal accounts, provided the following
requirements are observed:
Such qualified non-federal accounts may not
accept more than $25,000 from any one individual during
a calendar year; and
National political parties and federal
candidates are prohibited from soliciting funds for
non-federal accounts.
Exempts funds raised for a qualified non-federal
account from the limitations, prohibitions, and reporting
requirements of the Federal Election Campaign Act (``FECA''):
Requires the reporting of all receipts and
disbursements from a qualified non-federal account;
Requires the FEC to promulgate implementing
regulations.
Sec. 604.t--Remove the Limit on Expenditures Coordinated Between Party
Committees and Candidates
Political parties are currently able to make
unlimited independent expenditures on behalf of their Senate
and House candidate but are limited in the amount of
coordinated expenditures they may make. This provision will
allow parties to coordinate their spending with their own
candidates.
Sec. 605.--Construction
Specifically states that nothing in the language
of the bill should be construed as:
Approving, ratifying, or endorsing a FEC regulation;
Establishing, modifying, or otherwise affecting the
IRS's definition of a political organization; or
Affecting whether a 501(c) organization should be
considered a political committee.
Sec. 606.--Judicial Review
Special Rules for Actions brought on
Constitutional Grounds:
Must be filed in United States District Court for the
District of Columbia and be heard by a 3-judge panel;
A copy of the complaint must be delivered to the Clerk
of the House and the Secretary of the Senate;
A final decision in the actions is only reviewable by
direct appeal to the Supreme Court.
Intervention by Members of Congress:
Members of Congress have the right to intervene either
in support or opposition to the position of a party to
the case regarding the constitutionality of the
provision or amendment.
Challenge by Members of Congress:
Any Member of Congress may bring an action for
declaratory or injunctive relief to challenge the
constitutionally of any provision of the bill.
Sec. 607.--Severability
If any portion of the Act is found
unconstitutional, the other portions will remain in effect.
TITLE VII--FORFEITURE OF RETIREMENT BENEFITS
Sec. 701.--Loss of pensions accrued during service as a Member of
Congress for abusing the public trust
Members would lose credit towards their federal
pensions for all service as a Member of Congress if they are
convicted of:
bribery;
acting as an agent of a foreign principal; or
conspiracy to commit such offenses or to defraud U.S.
When such conduct related to their official duties
as a Member.
Allows for certain flexibility in OPM for
particular hardships for innocent spouse and dependent
children.
Committee Consideration of the Legislation
INTRODUCTION AND REFERRAL
On March 16, 2006, Mr. Dreier introduced H.R. 4975, the
``Lobbying Accountability and Transparency Act of 2006,'' which
was referred to the Committee on House Administration.
MARKUP
The Committee on House Administration held a markup of H.R.
4975 on April 6, 2006.
Members present: Mr. Ehlers, Mr. Ney, Mr. Mica, Mr.
Doolittle, Mr. Reynolds, Mrs. Miller, Ms. Millender-McDonald,
and Mr. Brady.
The Committee favorably reported H.R. 4975 by a record vote
(5-2), a quorum being present.
Matters Required Under the Rules of the House
COMMITTEE RECORD VOTES
Clause 3(b) of House rule XIII requires the results of each
record vote on an amendment or motion to report, together with
the names of those voting for and against, to be printed in the
committee report.
Amendment 1 to Title III, Section 301
Offered by Ms. Millender-McDonald. The first vote during
the markup came on the amendment to section 301 of Title III
offered by Ms. Millender-McDonald. The amendment bans travel
arrangements that have been arranged for, paid for and provided
by lobbyists and organizations that retain or employ lobbyists.
It prohibits lobbyists from funding, arranging, planning or
participating in congressional travel. While the existing
language of Section 301 prohibits acceptance of all privately
funded travel, this amendment would have permitted the
acceptance of privately funded travel provided there was no
lobbyist involvement.
The vote on the amendment was 2-5 and the amendment failed.
Mr. Ehlers--no; Mr. Ney--no; Mr. Mica--not present; Mr.
Doolittle--no; Mr. Reynolds--no; Mrs. Miller--no; Ms.
Millender-McDonald--yes; Mr. Brady--yes; Ms. Lofgren--not
present.
Amendment 2 to Title IV
Offered by Ms. Millender-McDonald. The second vote during
the markup came on the amendment in the nature of a substitute
to Title IV offered by Ms. Millender-McDonald. This amendment
established an Office of Public Integrity within the Office of
the Inspector General of the House. In similar fashion to the
existing language of Title IV, this amendment gives the
Inspector General access to and responsibility for auditing
lobbyist disclosure forms to ensure compliance with the
Lobbying Disclosure Act.
The vote on the amendment was 2-5 and the amendment failed.
Mr. Ehlers--no; Mr. Ney--no; Mr. Mica--not present; Mr.
Doolittle--no; Mr. Reynolds--no; Mrs. Miller--no; Ms.
Millender-McDonald--yes; Mr. Brady--yes; Ms. Lofgren--not
present.
Amendment 3 to Title VI
Offered by Ms. Millender-McDonald. The third vote during
the markup came on an amendment striking the entirety of Title
VI offered by Ms. Millender-McDonald. A majority of the House
demonstrated its support for the language of Title VI when it
voted 218-209 to approve H.R. 513, the 527 Reform Act of 2006,
on April 5.
The vote on the amendment was 2-5 and the amendment failed.
Mr. Ehlers--no; Mr. Ney--no; Mr. Mica--not present; Mr.
Doolittle--no; Mr. Reynolds--no; Mrs. Miller--no; Ms.
Millender-McDonald--yes; Mr. Brady--yes; Ms. Lofgren--not
present.
Vote to Report H.R. 4975
The Committee then voted to favorably report H.R. 4975. The
vote to report favorably was approved by a recorded vote (5-2).
Mr. Ehlers--yes; Mr. Ney--yes; Mr. Mica--not present; Mr.
Doolittle--yes; Mr. Reynolds--yes; Mrs. Miller--yes; Ms.
Millender-McDonald--no; Mr. Brady--no; Ms. Lofgren--not
present.
Committee Oversight Findings
In compliance with clause 3(c)(1) rule XIII of the Rules of
the House of Representatives, the Committee states that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
House of Representatives, are incorporated in the descriptive
portions of this report.
General Performance Goals and Objectives
The Committee states, with respect to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, that
the goal and objective of H.R. 4975 is to strengthen the
transparency and accountability of the dealings of Members of
Congress and their staffs with members of the lobbying
community.
Constitutional Authority
In compliance with clause 3(d)(1) of rule XIII, the
Committee states that Article 1, Section 5 of the U.S.
Constitution grants Congress the authority to determine the
rules of its proceedings and to punish Members for disorderly
behavior. Article 1, Section 4 of the U.S. Constitution grants
Congress the authority to make law governing the time, place
and manner of holding federal elections. Rule X, clause
1(j)(14) of the Rules of the House gives the Committee
authority to regulate the travel of House Members. Rule X,
clause 1(j)(16) gives the Committee jurisdiction over the
compensation, retirement, and other benefits of Members and
employees of Congress. Rule X, clause 4(d)(1)(A) gives the
Committee oversight of the Inspector General of the House.
Federal Mandates
The Committee states, with respect to section 423 of the
Congressional Budget Act of 974, that the bill does not include
any significant federal mandate.
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any committee on a bill or joint
resolution to include a committee statement on the extent to
which the bill or joint resolution is intended to preempt state
or local law. The Committee states that H.R. 4975 does not
preempt any state or local law.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, the following estimate and comparison
prepared by the Director of the Congressional Budget Office
under section 402 of the Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 19, 2006.
Hon. Vernon J. Ehlers,
Chairman, Committee on House Administration,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4975, the Lobbying
Accountability and Transparency Act of 2006.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Matthew
Pickford (for federal costs), and Craig Cammarata (for the
private-sector impact).
Sincerely,
Donald B. Marron,
Acting Director.
Enclosure.
Summary: H.R. 4975 would amend the Lobbying Disclosure Act
of 1995 and the Federal Election Campaign Act of 1971. Major
provisions of the legislation would expand reporting
requirements for lobbyists and Members of Congress, temporarily
ban privately funded travel, create additional restrictions on
gifts and travel, and require training for Members and staff on
ethics issues. The legislation also would eliminate pension
benefits for Members convicted of certain offenses. In
addition, H.R. 4975 would require certain political
organizations involved in federal election activities to
register with the Federal Election Commission (FEC).
CBO estimates that implementing H.R. 4975 would cost about
$2 million in fiscal year 2007 and $1 million a year in
subsequent years, subject to the availability of appropriated
funds. Enacting the bill could affect direct spending and
revenues from reduced pensions for certain Members of Congress,
and new violations of campaign finance laws, but CBO estimates
that those effects would not be significant.
H.R. 4975 contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act (UMRA) and would impose no
costs on state, local, or tribal governments.
H.R. 4975 would impose several private-sector mandates, as
defined in UMRA, on the lobbying industry and certain political
organizations. Based on information from government sources,
CBO estimates that the total direct cost of all of the mandates
in the bill would fall below the annual threshold established
by UMRA for private-sector mandates ($128 million in 2006,
adjusted annually for inflation).
Estimated Cost to the Federal Government: The estimated
budgetary impact of H.R. 4975 is shown in the following table.
The costs of this legislation fall within budget function 800
(general government).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------
2007 2008 2009 2010 2011
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION \a\
Estimated Authorization Level...................................... 2 1 1 1 1
Estimated Outlays.................................................. 2 1 1 1 1
----------------------------------------------------------------------------------------------------------------
a Enacting the bill could also reduce pensions for certain Members of Congress, and increase revenues from civil
penalties, but CBO estimates any such effects would be less than $500,000 a year.
Basis of estimate: For this estimate, CBO assumes that the
bill will be enacted near the end of fiscal year 2006 and that
spending will follow historical patterns for similar
activities.
Spending subject to appropriation
The legislation would expand reporting requirements for
lobbyists and would require the Congress to provide Members and
staff with additional training on ethics issues. Based on
information from Congressional administrative staff, CBO
estimates that Congressional offices and committees would spend
about $1 million annually to collect and disseminate newly
reported information from lobbyists and to provide the required
ethics training.
In addition, H.R. 4975 would require certain political
organizations, defined by section 527 of the tax code, to
register with the FEC. Based on information from the FEC and
subject to the availability of appropriated funds, CBO
estimates that implementing the legislation would cost the FEC
about $1 million in fiscal year 2007. This cost covers the one-
time computer-related expenses as well as writing new
regulations to implement the new provisions of the legislation.
In future years, the legislation would increase general
administrative costs to the FEC, but we estimate that those
additional costs would not be significant.
Revenues and direct spending
Enacting H.R. 4975 would likely increase collections of
fines and penalties for violations of campaign finance law for
failure to register with the FEC. Such collections are recorded
in the budget as revenues. CBO estimates that the additional
collections of penalties and fines would not be significant
because of the relatively small number of cases likely to be
involved.
H.R. 4975 would also deny pension benefits (based on
periods of elected service) to Members convicted of bribery,
acting as foreign agents, or defrauding the federal government.
CBO estimates that any savings in direct spending as a result
of this provision would not be significant because we expect
that the number of violations would be small.
Estimated impact on State, local, and tribal governments:
H.R. 4975 contains no intergovernmental mandates as defined in
the UMRA and would impose no costs on State, local, or tribal
governments.
Estimated impact on the private sector: H.R. 4975 would
impose several private-sector mandates, as defined in UMRA, on
the lobbying industry and certain political organizations. The
bill would impose new restrictions on lobbying activities and
require lobbyists and lobbying organizations to submit
additional reports and disclosures to the Senate Office of
Public Records and the Office of the Clerk of the House. The
bill also would require certain 527 organizations to register
as political committees with the Federal Election Commission
and comply with current regulations on federal campaign
finance. Based on information from government sources, CBO
estimates that the total direct cost of all of the mandates in
the bill would fall below the annual threshold established by
UMRA for private-sector mandates ($128 million in 2006,
adjusted annually for inflation).
The bill would impose several new requirements on lobbyists
and lobbying organizations. Requirements on lobbyists and
lobbying organizations would include but not be limited to:
Electronic filing of lobbyist registrations
and disclosure reports filed with the Secretary of the
Senate or the Clerk of the House of Representatives;
Quarterly, instead of semiannual, filing of
lobbying disclosure reports; and
Additional information in registration and
disclosure reports including information on:
contributions to Members, Congressional staff, federal
officers and political entities by lobbyists; any gifts
distributed by lobbying entities; and whether or not
each registered lobbyist had prior experience as a
covered executive or legislative branch official.
As of January 1, 2006, all lobbyists and lobbying
organizations must register and file semiannual disclosure
reports electronically to the Clerk of the House. However,
electronic reporting is still optional for lobbyists and
lobbying organizations filing in the Senate. Since all
lobbyists must file similar reports to both the Clerk of the
House and the Secretary of the Senate, the incremental cost of
filing reports electronically to the Senate should be minimal.
Generally, because such entities already collect the
information requested in the registration and disclosure
reports, CBO estimates that the incremental costs associated
with the new reporting requirements in the bill would not be
substantial relative to UMRA's annual threshold for private-
sector mandates.
The bill also would prohibit lobbyists from traveling on an
aircraft that is owned by a client and is not licensed by the
FAA to operate for compensation if a Member, delegate, resident
commissioner, officer or employee of the House is on board.
According to government and industry sources, roughly 500 or
less of those recorded flights are made each year. That
estimate includes federal officials and staff from both the
executive and legislative branches. H.R 4975 would only
restrict the travel of a lobbyist with House officials and
staff. The bill would not prohibit employees of the client from
traveling on such planes with a Member, delegate, resident
commissioner, officer or employee of the House. Thus, CBO
estimates that the direct costs associated with complying with
the mandate would be minimal compared to UMRA's threshold.
The bill would change the definition of a political
committee to include certain ``527'' organizations, as defined
by section 527 of the Internal Revenue Code. Those
organizations would be required to register as political
committees with the FEC and comply with current regulations on
federal campaign finance including certain limits on
contributions and reporting and disclosure requirements. Based
on information from the FEC, CBO estimates that the direct
costs associated with those requirements would be minimal.
Previous CBO estimates: Many of the lobbying reform and
campaign finance provisions in the eight pieces of legislation
listed below are contained in H.R. 4975. The differences among
these bills are reflected in the cost estimates. However, the
four versions of H.R. 4975 are very similar, and as such, their
estimated costs are nearly identical.
On April 19, 2006, CBO transmitted a cost
estimate for H.R. 4975 as ordered reported by the House
Committee on Government Reform on April 6, 2006.
On April 19, 2006, CBO transmitted a cost
estimate for H.R. 4975 as ordered reported by the House
Committee on Rules on April 5, 2006.
On April 19, 2006, CBO transmitted a cost
estimate for H.R. 4975 as ordered reported by the House
Committee on the Judiciary on April 5, 2006.
On March 7, 2006, CBO transmitted a cost
estimate for S. 2349, the Legislative Transparency and
Accountability Act of 2006, as ordered reported by the
Senate Committee on Rules and Administration on March
1, 2006.
On March 6, 2006, CBO transmitted a cost
estimate for S. 2128, the Lobbying Transparency and
Accountability Act of 2006, as ordered reported by the
Senate Committee on Homeland Security and Governmental
Affairs on March 3, 2006.
On July 13, 2005, CBO transmitted a cost
estimate for H.R. 513, the 527 Reform Act of 2005, as
ordered reported by the House Committee on
Administration on June 29, 2005.
On July 6, 2005, CBO transmitted a cost
estimate for S. 1053, the 527 Reform Act of 2005, as
ordered reported by the Senate Committee on Rules and
Administration on April 27, 2005.
On June 17, 2005, CBO transmitted a cost
estimate for H.R. 1316, the 527 Fairness Act of 2005,
as ordered reported by the House Committee on House
Administration on June 8, 2005.
Estimate prepared by: Federal costs: Matthew Pickford and
Deborah Reis; Impact on State, local, and tribal Governments:
Sarah Puro; Impact on the private sector: Craig Cammarata.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the provisions of the bill referred to the Committee, as
reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new matter is printed in
italic, existing law in which no change is proposed is shown in
roman):
FEDERAL ELECTION CAMPAIGN ACT OF 1971
TITLE III--DISCLOSURE OF FEDERAL CAMPAIGN FUNDS
DEFINITIONS
Sec. 301. When used in this Act:
(1) * * *
* * * * * * *
(4) The term ``political committee'' means--
(A) * * *
* * * * * * *
(C) any local committee of a political party
which receives contributions aggregating in
excess of $5,000 during a calendar year, or
makes payments exempted from the definition of
contribution or expenditure as defined in
section 301(8) and (9) aggregating in excess of
$5,000 during a calendar year, or makes
contributions aggregating in excess of $1,000
during a calendar year or makes expenditures
aggregating in excess of $1,000 during a
calendar year[.]; or
(D) any applicable 527 organization.
* * * * * * *
(27) Applicable 527 organization.--
(A) In general.--For purposes of paragraph
(4)(D), the term ``applicable 527
organization'' means a committee, club,
association, or group of persons that--
(i) has given notice to the Secretary
of the Treasury under section 527(i) of
the Internal Revenue Code of 1986 that
it is to be treated as an organization
described in section 527 of such Code;
and
(ii) is not described in subparagraph
(B).
(B) Excepted organizations.--A committee,
club, association, or other group of persons
described in this subparagraph is--
(i) an organization described in
section 527(i)(5) of the Internal
Revenue Code of 1986;
(ii) an organization which is a
committee, club, association or other
group of persons that is organized,
operated, and makes disbursements
exclusively for paying expenses
described in the last sentence of
section 527(e)(2) of the Internal
Revenue Code of 1986 or expenses of a
newsletter fund described in section
527(g) of such Code;
(iii) an organization which is a
committee, club, association, or other
group that consists solely of
candidates for State or local office,
individuals holding State or local
office, or any combination of either,
but only if the organization refers
only to one or more non-Federal
candidates or applicable State or local
issues in all of its voter drive
activities and does not refer to a
Federal candidate or a political party
in any of its voter drive activities;
or
(iv) an organization described in
subparagraph (C).
(C) Applicable organization.--For purposes of
subparagraph (B)(iv), an organization described
in this subparagraph is a committee, club,
association, or other group of persons whose
election or nomination activities relate
exclusively to--
(i) elections where no candidate for
Federal office appears on the ballot;
or
(ii) one or more of the following
purposes:
(I) Influencing the
selection, nomination,
election, or appointment of one
or more candidates to non-
Federal offices.
(II) Influencing one or more
applicable State or local
issues.
(III) Influencing the
selection, appointment,
nomination, or confirmation of
one or more individuals to non-
elected offices.
(D) Exclusivity test.--A committee, club,
association, or other group of persons shall
not be treated as meeting the exclusivity
requirement of subparagraph (C) if it makes
disbursements aggregating more than $1,000 for
any of the following:
(i) A public communication that
promotes, supports, attacks, or opposes
a clearly identified candidate for
Federal office during the 1-year period
ending on the date of the general
election for the office sought by the
clearly identified candidate (or, if a
runoff election is held with respect to
such general election, on the date of
the runoff election).
(ii) Any voter drive activity during
a calendar year, except that no
disbursements for any voter drive
activity shall be taken into account
under this subparagraph if the
committee, club, association, or other
group of persons during such calendar
year--
(I) makes disbursements for
voter drive activities with
respect to elections in only 1
State and complies with all
applicable election laws of
that State, including laws
related to registration and
reporting requirements and
contribution limitations;
(II) refers to one or more
non-Federal candidates or
applicable State or local
issues in all of its voter
drive activities and does not
refer to any Federal candidate
or any political party in any
of its voter drive activities;
(III) does not have a
candidate for Federal office,
an individual who holds any
Federal office, a national
political party, or an agent of
any of the foregoing, control
or materially participate in
the direction of the
organization, solicit
contributions to the
organization (other than funds
which are described under
clauses (i) and (ii) of section
323(e)(1)(B)), or direct
disbursements, in whole or in
part, by the organization; and
(IV) makes no contributions
to Federal candidates.
(E) Certain references to federal candidates
not taken into account.--For purposes of
subparagraphs (B)(iii) and (D)(ii)(II), a voter
drive activity shall not be treated as
referring to a clearly identified Federal
candidate if the only reference to the
candidate in the activity is--
(i) a reference in connection with an
election for a non-Federal office in
which such Federal candidate is also a
candidate for such non-Federal office;
or
(ii) a reference to the fact that the
candidate has endorsed a non-Federal
candidate or has taken a position on an
applicable State or local issue,
including a reference that constitutes
the endorsement or position itself.
(F) Certain references to political parties
not taken into account.--For purposes of
subparagraphs (B)(iii) and (D)(ii)(II), a voter
drive activity shall not be treated as
referring to a political party if the only
reference to the party in the activity is--
(i) a reference for the purpose of
identifying a non-Federal candidate;
(ii) a reference for the purpose of
identifying the entity making the
public communication or carrying out
the voter drive activity; or
(iii) a reference in a manner or
context that does not reflect support
for or opposition to a Federal
candidate or candidates and does
reflect support for or opposition to a
State or local candidate or candidates
or an applicable State or local issue.
(G) Applicable state or local issue.--For
purposes of this paragraph, the term
``applicable State or local issue'' means any
State or local ballot initiative, State or
local referendum, State or local constitutional
amendment, State or local bond issue, or other
State or local ballot issue.
(28) Voter drive activity.--The term ``voter drive
activity'' means any of the following activities
conducted in connection with an election in which a
candidate for Federal office appears on the ballot
(regardless of whether a candidate for State or local
office also appears on the ballot):
(A) Voter registration activity.
(B) Voter identification.
(C) Get-out-the-vote activity.
(D) Generic campaign activity.
(E) Any public communication related to
activities described in subparagraphs (A)
through (D).
Such term shall not include any activity described in
subparagraph (A) or (B) of section 316(b)(2).
REPORTS
Sec. 304. (a) * * *
* * * * * * *
(e) Political Committees.--
(1) * * *
* * * * * * *
(3) Receipts and disbursements from qualified
nonfederal accounts.--In addition to any other
reporting requirement applicable under this Act, a
political committee to which section 325(a) applies
shall report all receipts and disbursements from a
qualified non-Federal account (as defined in section
325(c)).
[(3)] (4) Itemization.--If a political committee has
receipts or disbursements to which this subsection
applies from or to any person aggregating in excess of
$200 for any calendar year, the political committee
shall separately itemize its reporting for such person
in the same manner as required in paragraphs (3)(A),
(5), and (6) of subsection (b).
[(4)] (5) Reporting periods.--Reports required to be
filed under this subsection shall be filed for the same
time periods required for political committees under
subsection (a)(4)(B).
* * * * * * *
LIMITATIONS ON CONTRIBUTIONS AND EXPENDITURES
Sec. 315. (a) * * *
* * * * * * *
(c)(1)(A) * * *
(B) Except as provided in subparagraph (C), in any calendar
year after 2002--
(i) a limitation established by subsections
(a)(1)(A), (a)(1)(B), (a)(3), (b), [(d),] or (h) shall
be increased by the percent difference determined under
subparagraph (A);
* * * * * * *
(2) For purposes of paragraph (1)--
(A) * * *
(B) the term ``base period'' means--
(i) for purposes of [subsections (b) and (d)]
subsection (b), calendar year 1974; and
* * * * * * *
(d)[(1) Notwithstanding any other provision of law with
respect to limitations on expenditures or limitations on
contributions, the national committee] Notwithstanding any
other provision of law with respect to limitations on amounts
of expenditures or contributions, a national committee of a
political party and a State committee of a political party,
including any subordinate committee of a State committee, may
make expenditures in connection with [the general] any election
campaign of candidates for [Federal office, subject to the
limitations contained in paragraphs (2), (3), and (4) of this
subsection] Federal office in any amount.
[(2) The national committee of a political party may not
make any expenditure in connection with the general election
campaign of any candidate for President of the United States
who is affiliated with such party which exceeds an amount equal
to 2 cents multiplied by the voting age population of the
United States (as certified under subsection (e)). Any
expenditure under this paragraph shall be in addition to any
expenditure by a national committee of a political party
serving as the principal campaign committee of a candidate for
the office of President of the United States.
[(3) The national committee of a political party, or a
State committee of a political party, including any subordinate
committee of a State committee, may not make any expenditure in
connection with the general election campaign of a candidate
for Federal office in a State who is affiliated with such party
which exceeds--
[(A) in the case of a candidate for election to the
office of Senator, or of Representative from a State
which is entitled to only one Representative, the
greater of--
[(i) 2 cents multiplied by the voting age
population of the State (as certified under
subsection (e)); or
[(ii) $20,000; and
[(B) in the case of a candidate for election to the
office of Representative, Delegate, or Resident
Commissioner in any other State, $10,000.
[(4) Independent versus coordinated expenditures by
party.--
[(A) In general.--On or after the date on which a
political party nominates a candidate, no committee of
the political party may make--
[(i) any coordinated expenditure under this
subsection with respect to the candidate during
the election cycle at any time after it makes
any independent expenditure (as defined in
section 301(17)) with respect to the candidate
during the election cycle; or
[(ii) any independent expenditure (as defined
in section 301(17)) with respect to the
candidate during the election cycle at any time
after it makes any coordinated expenditure
under this subsection with respect to the
candidate during the election cycle.
[(B) Application.--For purposes of this paragraph,
all political committees established and maintained by
a national political party (including all congressional
campaign committees) and all political committees
established and maintained by a State political party
(including any subordinate committee of a State
committee) shall be considered to be a single political
committee.
[(C) Transfers.--A committee of a political party
that makes coordinated expenditures under this
subsection with respect to a candidate shall not,
during an election cycle, transfer any funds to, assign
authority to make coordinated expenditures under this
subsection to, or receive a transfer of funds from, a
committee of the political party that has made or
intends to make an independent expenditure with respect
to the candidate.]
* * * * * * *
(i) Increased Limit To Allow Response to Expenditures From
Personal Funds.--
(1) Increase.--
(A) * * *
* * * * * * *
(C) Increased limit.--Except as provided in
clause (ii), for purposes of subparagraph (A),
if the opposition personal funds amount is
over--
(i) * * *
* * * * * * *
(iii) 10 times the threshold amount--
(I) the increased limit shall
be 6 times the applicable
limit; and
(II) the limit under
subsection (a)(3) shall not
apply with respect to any
contribution made with respect
to a candidate if such
contribution is made under the
increased limit of subparagraph
(A) during a period in which
the candidate may accept such a
contribution[; and].
[(III) the limits under
subsection (d) with respect to
any expenditure by a State or
national committee of a
political party shall not
apply.]
* * * * * * *
(2) Time to accept contributions under increased
limit.--
(A) In general.--Subject to subparagraph (B),
a candidate and the candidate's authorized
committee shall not accept any contribution[,
and a party committee shall not make any
expenditure,] under the increased limit under
paragraph (1)--
(i) * * *
(ii) to the extent that such
contribution, when added to the
aggregate amount of contributions
previously accepted [and party
expenditures previously made] under the
increased limits under this subsection
for the election cycle, exceeds 110
percent of the opposition personal
funds amount.
(B) Effect of withdrawal of an opposing
candidate.--A candidate and a candidate's
authorized committee shall not accept any
contribution [and a party shall not make any
expenditure] under the increased limit afterthe
date on which an opposing candidate ceases to be a candidate to the
extent that the amount of such increased limit is attributable to such
an opposing candidate.
* * * * * * *
MODIFICATION OF CERTAIN LIMITS FOR HOUSE CANDIDATES IN RESPONSE TO
PERSONAL FUND EXPENDITURES OF OPPONENTS
Sec. 315A. (a) Availability of Increased Limit.--
(1) In general.--Subject to paragraph (3), if the
opposition personal funds amount with respect to a
candidate for election to the office of Representative
in, or Delegate or Resident Commissioner to, the
Congress exceeds $350,000--
(A) the limit under subsection (a)(1)(A) with
respect to the candidate shall be tripled; and
(B) the limit under subsection (a)(3) shall
not apply with respect to any contribution made
with respect to the candidate if the
contribution is made under the increased limit
allowed under subparagraph (A) during a period
in which the candidate may accept such a
contribution[; and].
[(C) the limits under subsection (d) with
respect to any expenditure by a State or
national committee of a political party on
behalf of the candidate shall not apply.]
* * * * * * *
(3) Time to accept contributions under increased
limit.--
(A) In general.--Subject to subparagraph (B),
a candidate and the candidate's authorized
committee shall not accept any contribution[,
and a party committee shall not make any
expenditure,] under the increased limit under
paragraph (1)--
(i) * * *
(ii) to the extent that such
contribution, when added to the
aggregate amount of contributions
previously accepted [and party
expenditures previously made] under the
increased limits under this subsection
for the election cycle, exceeds 100
percent of the opposition personal
funds amount.
(B) Effect of withdrawal of an opposing
candidate.--A candidate and a candidate's
authorized committee shall not accept any
contribution [and a party shall not make any
expenditure] under the increased limit after
the date on which an opposing candidate ceases
to be a candidate to the extent that the amount
of such increased limit is attributable to such
an opposing candidate.
* * * * * * *
SEC. 325. ALLOCATION AND FUNDING RULES FOR CERTAIN EXPENSES RELATING TO
FEDERAL AND NON-FEDERAL ACTIVITIES.
(a) In General.--In the case of any disbursements by any
political committee that is a separate segregated fund or
nonconnected committee for which allocation rules are provided
under subsection (b)--
(1) the disbursements shall be allocated between
Federal and non-Federal accounts in accordance with
this section and regulations prescribed by the
Commission; and
(2) in the case of disbursements allocated to non-
Federal accounts, may be paid only from a qualified
non-Federal account.
(b) Costs To Be Allocated and Allocation Rules.--
(1) In General.--Disbursements by any separate
segregated fund or nonconnected committee, other than
an organization described in section 323(b)(1), for any
of the following categories of activity shall be
allocated as follows:
(A) 100 percent of the expenses for public
communications or voter drive activities that
refer to one or more clearly identified Federal
candidates, but do not refer to any clearly
identified non-Federal candidates, shall be
paid with funds from a Federal account, without
regard to whether the communication refers to a
political party.
(B) At least 50 percent, or a greater
percentage if the Commission so determines by
regulation, of the expenses for public
communications and voter drive activities that
refer to one or more clearly identified
candidates for Federal office and one or more
clearly identified non-Federal candidates shall
be paid with funds from a Federal account,
without regard to whether the communication
refers to a political party.
(C) At least 50 percent or a greater
percentage if the Commission so determines by
regulation, of the expenses for public
communications or voter drive activities that
refer to a political party, but do not refer to
any clearly identified Federal or non-Federal
candidate, shall be paid with funds from a
Federal account, except that this paragraph
shall not apply to communications or activities
that relate exclusively to elections where no
candidate for Federal office appears on the
ballot.
(D) At least 50 percent, or a greater
percentage if the Commission so determines by
regulation, of the expenses for public
communications or voter drive activities that
refer to a political party and refer to one or
more clearly identified non-Federal candidates,
but do not refer to any clearly identified
Federal candidates, shall be paid with funds
from a Federal account, except that this
paragraph shall not apply to communications or
activities that relate exclusively to elections
where no candidate for Federal office appears
on the ballot.
(E) Unless otherwise determined by the
Commission in its regulations, at least 50
percent of any administrative expenses,
including rent, utilities, office supplies, and
salaries not attributable to a clearly
identified candidate, shall be paid with funds
from a Federal account, except that for a
separate segregated fund such expenses may be
paid instead by its connected organization.
(F) At least 50 percent, or a greater
percentage if the commission so determines by
regulation, of the direct costs of a
fundraising program or event, including
disbursementsfor solicitation of funds and for
planning and administration of actual fundraising events, where Federal
and non-Federal funds are collected through such program or event shall
be paid with funds from a Federal account, except that for a separate
segregated fund such costs may be paid instead by its connected
organization. This paragraph shall not apply to any fundraising
solicitations or any other activity that constitutes a public
communication.
(2) Certain references to federal candidates not
taken into account.--For purposes of paragraph (1), a
public communication or voter drive activity shall not
be treated as referring to a clearly identified Federal
candidate if the only reference to the candidate in the
communication or activity is
(A) a reference in connection with an
election for a non-Federal office in which such
Federal candidate is also a candidate for such
non-Federal office; or
(B) a reference to the fact that the
candidate has endorsed a non-Federal candidate
or has taken a position on an applicable State
or local issue (as defined in section 301
(27)(G)), including a reference that
constitutes the endorsement or position itself.
(3) Certain references to political parties not taken
into account.--For purposes of paragraph (1), a public
communication or voter drive activity shall not be
treated as referring to a political party if the only
reference to the party in the communication or activity
is
(A) a reference for the purpose of
identifying a non-Federal candidate;
(B) a reference for the purpose of
identifying the entity making the public
communication or carrying out the voter drive
activity; or
(C) a reference in a manner or context that
does not reflect support for or opposition to a
Federal candidate or candidates and does
reflect support for or opposition to a State or
local candidate or candidates or an applicable
State or local issue.
(c) Qualified Non-Federal Account.--
(1) In general.--For purposes of this section, the
term ``qualified non-Federal account'' means an account
which consists solely of amounts--
(A) that, subject to the limitations of
paragraphs (2) and (3), are raised by the
separate segregated fund or non-connected
committee only from individuals, and
(B) with respect to which all requirements of
Federal, State, or local law (including any law
relating to contribution limits) are met.
(2) Limitation on individual donations.--
(A) In general.--A separate segregated fund
or non-connected committee may not accept more
than $25,000 in funds for its qualified non-
Federal account from any one individual in any
calendar year.
(B) Affiliation.--For purposes of this
paragraph, all qualified non-Federal accounts
of separate segregated funds or non-connected
committees which are directly or indirectly
established, financed, maintained, or
controlled by the same person or persons shall
be treated as one account.
(3) Fundraising limitation.--
(A) In general.--No donation to a qualified
non-Federal account may be solicited, received,
directed, transferred. or spent by or in the
name of any person described in subsection (a)
or (e) of section 323.
(B) Funds not treated as subject to act.--
Except as provided in subsection (a)(2). and
this subsection, any funds raised for a
qualified non-Federal account in accordance
with the requirernents of this section shall
not be considered funds subject to the
limitations, prohibitions, and reporting
requirements of this Act for any purpose
(including for purposes of subsection (a) or
(e) of section 323 or subsection (d)(1) of this
section).
(d) Definitions.--
(1) Federal account.--The term ``Federal account''
means an account which consists solely of contributions
subject to the limitations, prohibitions and reporting
requirements of this Act. Nothing in this section or in
section 323(b)(2)(B)(iii) shall be construed to infer
that a limit other than the limit under section
315(a)(1)(C) applies to contributions to the account.
(2) Nonconnected committee.--The term ``non-connected
committee'' shall not include a political committee of
a political party.
(3) Voter drive activity.--The term ``voter drive
activity'' has the meaning given such term in section
301(28).
----------
TITLE 5, UNITED STATES CODE
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
SUBPART G--INSURANCE AND ANNUITIES
* * * * * * *
CHAPTER 83--RETIREMENT
* * * * * * *
SUBCHAPTER III--CIVIL SERVICE RETIREMENT
Sec. 8332. Creditable service
(a) * * *
* * * * * * *
(o)(1) Notwithstanding any other provision of this
subchapter, the service of an individual finally convicted of
an offense described in paragraph (2) shall not be taken into
account for purposes of this subchapter, except that this
sentence applies only to service rendered as a Member
(irrespective of when rendered). Any such individual
(or other person determined under section 8342(c), if
applicable) shall be entitled to be paid so much of such
individual's lump-sum credit as is attributable to service to
which the preceding sentence applies.
(2)(A) An offense described in this paragraph is any
offense described in subparagraph (B) for which the
following apply:
(i) Every act or omission of the individual
(referred to in paragraph (l)) that is needed
to satisfy the elements of the offense occurs
while the individual is a Member.
(ii) Every act or omission of the individual
that is needed to satisfy the elements of the
offense directly relates to the performance of
the individual's official duties as a Member.
(iv) The offense is committed after the date
of enactment of this subsection.
(B) An offense described in this subparagraph is only
the following, and only to the extent that the offense
is a felony under title 18:
(i) An offense under section 201 of title 18
(bribery of public officials and witnesses).
(ii) An offense under section 219 of title 18
(officers and employees acting as agents of
foreign principals).
(iii) An offense under section 371 of title
18 (conspiracy to commit offense or to defraud
United States) to the extent of any conspiracy
to commit an act which constitutes an offense
under clause (i) or (ii).
(3) An individual convicted of an offense described
in paragraph (2) shall not, after the date of the final
conviction, be eligible to participate in the
retirement system under this subchapter or chapter 84
while serving as a Member.
(4) The Office of Personnel Management shall
prescribe any regulations necessary to carry out this
subsection. Such regulations shall include--
(A) provisions under which interest on any
lump-sum payment under the second sentence of
paragraph (l) shall be limited in a manner
similar to that specified in the last sentence
of section 8316(b); and
(B) provisions under which the Office may
provide for--
(i) the payment, to the spouse or
children of any individual referred to
in the first sentence of paragraph (1)
of any amounts which (but for this
clause) would otherwise have been
nonpayable by reason of such first
sentence, but only to the extent that
the application of this clause is
considered necessary given the totality
of the circumstances; and
(ii) an appropriate adjustment in the
amount of any lump-sum payment under
the second sentence of paragraph (1) to
reflect the application of clause (i).
(5) For purposes of this subsection--
(A) the term ``Member'' has the meaning given
such term by section 2106, notwithstanding
section 8331(2); and
(B) the term ``child'' has the meaning given
such term by section 8341.
* * * * * * *
CHAPTER 84--FEDERAL EMPLOYEES' RETIREMENT SYSTEM
* * * * * * *
SUBCHAPTER II--BASIC ANNUITY
Sec. 8411. Creditable service
(a) * * *
* * * * * * *
(i)(1) Notwithstanding any other provision of this chapter,
the service of an individual finally convicted of an offense
described in paragraph (2) shall not be taken into account for
purposes of this chapter, except that this sentence applies
only to service rendered as a Member (irrespective of when
rendered). Any such individual (or other person determined
under section 8424(d)) if applicable) shall be entitled to be
paid so much of such individual's lump-sum credit as is
attributable to service to which the preceding sentence
applies.
(2) An offense described in this paragraph is any offense
described in section 8332(0)(2)(B) for which the following
apply:
(A) Every act or omission of the individual (referred
to in paragraph (1)) that is needed to satisfy the
elements of the offense occurs while the individual is
a Member.
(B) Every act or omission of the individual that is
needed to satisfy the elements of the offense directly
relates to the performance of the individual's official
duties as a Member.
(C) The offense is committed after the date of
enactment of this subsection.
(3) An individual finally convicted of an offense described
in paragraph (2) shall not, after the date of the conviction,
be eligible to participate in the retirement system under this
chapter while serving as a A Member.
(4) The Office of Personnel Management shall prescribe any
regulations necessary to carry aut this subsection. Such
regulations shall include--
(A) provisions under which interest on any lump-sum
pay. ment under the second sentence of paragraph (1)
shall be limited in a manner similar to that specified
in the last sentence of section 8316(b); and
(B) provisions under which the Office may provide for
(i) the payment, to the spouse or children of
any individual referred to in the first
sentence of paragraph (1), of any amounts which
(but for this clause) would otherwise have been
nonpayable by reason of such first sentence,
but only to the extent that the application of
this clause is considered necessary given the
totality of the circumstances; and
(ii) an appropriate adjustment in the amount
of any lump-sum payment under the second
sentence of paragraph (1) to reflect the
application of clause (i).
(5) For purposes of this subsection--
(A) the term ``Member'' has the meaning given such
term by section 2106, notwithstanding section 8401(20);
and
(B) the term ``child'' has the meaning given such
term by section 8341.
* * * * * * *
MINORITY VIEWS
Lobbying and Ethics Reform
BACKGROUND
On March 16, 2006, the Republican Leadership introduced
H.R. 4975, the ``Lobbying Accountability and Transparency Act
of 2006.'' It was marked up by five committees--the Committees
on Rules, Judiciary, House Administration, Government Reform,
and Standards of Official Conduct. This procedure was
characterized by the Republican Leadership as ``regular
order'', so as to allow each committee to work its will.
While the Republican bill is titled to suggest that the
Republican Leadership is getting serious about lobbying reform,
the list of things which should have been included in the bill,
but which were intentionally left out, provides a much clearer
picture of the true intentions of the bill's drafters.
Honest lobbying reform must include all of the following,
none of which are addressed by the Republican Leadership bill
before this committee:
A complete ban on gifts and travel provided
by lobbyists and organizations that retain or employ
them;
A requirement that Members pay the full
charter costs of corporate air travel and disclosure of
the passenger list for all privately funded travel;
Reporting provisions and criminal penalties
to eliminate cronyism and corruption in government
employment and contracting;
Criminal penalties for those who engage in
the type of partisan, political manipulation associated
with the ``K Street Project'';
A return to fair and open debating and
voting procedures on the House floor, and in Conference
Committees;
Radically new lobbyist disclosure
requirements, including the names of Members contacted,
and a listing of parties and events held to ``honor''
Members;
A two-year revolving door prohibition; and
Earmark transparency provisions, including a
prohibition on linking earmarks to vote support.
Because the Republican Leadership bill does not contain
such lobbying reform provisions, Democrats attempted to include
them during markup in the various committees. In our Committee,
made up of six Republicans and three Democrats, we offered
several substantive amendments, each of which was rejected by
the Republicans on party line votes. The Republican Leadership
bill was then ordered reported in the same form it was
introduced, and without any Committee input by way of
amendments.
Our concern is that the Republican Leadership, and the
Republican Party, may not be serious about lobbying reform,
because they have been major beneficiaries of the manipulation
attendant to the unconscionable ``K Street Project'', now
personified by convicted lobbyist Jack Abramoff. Perhaps the
Republican Leadership believes that a few superficial reforms
will buy time, and temporarily paper over the ongoing
corruption, thus allowing the outrage of the American People to
dissipate, with the eventual return to business as usual.
Contrary to this perception, Americans who strive for honest
government will not allow the demand for serious lobbying
reform to go away.
THE DEMOCRATIC APPROACH
The American People are demanding bold action that strikes
at the heart of congressional corruption. A temporary
moratorium on travel, and a few lobbyist disclosure provisions,
are an incredibly inadequate response to the clear evidence of
massive corruption in the midst of this Congress.
Throughout our democratic history, there has been a
struggle to ensure that the People's interests are put ahead of
special interests. Since the Republican Party took complete
control of the government, cronyism and corruption have become
widespread.
Our goal is to restore accountability, honesty and openness
to all levels of government. We must create enforceable ethical
standards for every public servant, sever unethical ties
between lawmakers and lobbyists, and establish clear standards
that prevent trading on one's official office for personal or
campaign benefits.
In addition to an immediate and full investigation by the
Ethics Committee of all aspects of the Abramoff matter, any
serious reform plan must include effective enforcement, a total
ban on travel provided by lobbyists and organizations which
employ lobbyists, and full and timely public disclosure of all
other privately funded travel.
COMMITTEE JURISDICTION
Our Committee does not have general jurisdiction over
Federal lobbying policy. That jurisdiction resides almost
exclusively in the Judiciary Committee, in part because of the
law's impact on Constitutional free speech and the right to
redress grievances. Our Committee's jurisdictional interest is
based upon oversight over one of the two offices tasked with
administering the law (the House Clerk's Office--the other
office being the Senate Secretary's Office), travel by Members,
and Member pensions.
DEMOCRATIC AMENDMENTS
We offered three amendments to the Republican Leadership
Lobbying Reform bill--one to ban Member acceptance of travel
provided by lobbyists and organizations employing lobbyists,
one to authorize enforcement by a reorganized House Inspector
General'soffice, with a specific focus on lobbying disclosure
and enforcement, and one to delete a provision relating to 527
organizations from the bill, because the provision has nothing to do
with lobbying reform. Each amendment was intended to focus on, and move
the Republican Leadership bill closer to true lobbying reform, and it
was our Committee's responsibility, and only opportunity to correct
this woefully inadequate, Republican Leadership effort, as the
legislative train, controlled by the Republican Leadership, pulls away
from the station.
The first amendment banned travel arranged for, paid for,
or provided by lobbyists and organizations that retain or
employ lobbyists; it prohibited lobbyists from funding,
arranging, planning, or participating in privately funded
congressional travel.
The second amendment established a new Office of Public
Integrity within the Office of the House Inspector General, and
charged that Office with auditing and investigating compliance
with lobbying disclosure rules, and when necessary, referring
matters to the United States Attorney.
Our third amendment deleted a fake lobbying reform issue
from the bill--relating to 527 organizations--for two reasons.
First, Federal 527 organization policy has nothing whatsoever
to do with lobbying reform, and second, the Republican
Leadership had already brought the 527 provision to the House
floor on the day preceding our markup, and the House had worked
its will on that policy.
All amendments were rejected by the Republican Majority.
This lockstep rejection of even small steps toward real reform
belies a Republican Leadership effort to avoid meaningful
lobbying reform by fashioning a Republican bill in the Rules
Committee, over which the Republican Leadership has total
control. Chairman Ehlers even announced that, rather than
offering a germane amendment to a portion of the bill which was
exclusively within our Committee's jurisdiction, he would offer
his amendment instead at the Rules Committee for its
consideration.
WHERE WE SHOULD BE GOING
Honest leadership is not a partisan goal. It is the key to
a stronger union. Our government must reflect the absolute best
of the people it serves.
Without honest leadership and open government, America's
bounty, and the hopes of the American People, will be plundered
by special interests operating in conjunction with corrupt
legislators, cronies, or dishonest public officials. America's
urgent needs, such as real security overseas and at home,
economic strength and educational excellence, affordable health
care, energy independence, and retirement security, will be
compromised or continue to go unaddressed. 163 Democrats have
offered a comprehensive lobbying reform package as a real
alternative to the Republican Leadership bill. The Democratic
alternative is the Honest Leadership and Open Government Act--
H.R. 4682, the principle objectives of which are summarized
below:
Close the Revolving Door
Toughen Public Disclosure of Lobbyist
Activity
Ban Lobbyist Gifts and Travel
Shut Down Pay-to-Play Schemes Like the ``K
Street Project.''
Disclosure of Outside Job Negotiations
Prohibit ``Dead of Night'' Special Interest
Provisions
Zero Tolerance for Contract Cheaters
Prohibit Cronyism in Key Appointments
WHERE WE SEEM TO BE HEADED
Democrats think that the Jack Abramoff conviction is the
tip of the iceberg. What it represents is a burning need to
change the way the Congress, its Members, and other high
ranking public officials do the American People's business.
Nonetheless, the Republican Leadership bill, and the actions
taken in our own Committee, suggest strongly that a watered-
down, Republican Leadership lobbying bill, which avoids any
serious effort to reform the way congressional business is
conducted, will shortly be presented to the House for an up or
down vote. We are discouraged at this prospect, and will not
support anything short of reform worthy of the trust of the
American People to ensure honest leadership and an open
government. This is why we opposed this bill in the Committee,
and why we will work for its defeat on the House floor--not
because of what the bill does--but because of what the bill
fails to do to bring about honest leadership and open
government.
Juanita Millender-McDonald.
Robert A. Brady.
Zoe Lofgren.